ByLawyers News and Updates

Conveyancing NSW – Option to purchase

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The ‘Option to purchase’ precedent in the By Lawyers Conveyancing – Sale Guide for NSW has been updated so that the s 66ZH Notice in relation to cooling off rights is now incorporated in the document rather than needing to be separately provided.

The wording adopted complies with Form 2, Schedule 5 of the Conveyancing (Sale of Land) Regulations 2017.

We are grateful to one of our user firms who suggested this practical amendment. At By Lawyers we love getting feedback from our users! You can always email us at askus@bylawyers.com.au.

NSW – Family provision – Interim orders

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Prompted by a recent Supreme Court case, we have added a new section called Interim provision to our 101 Succession Answers Reference Guide, which is included in all of the By Lawyers succession related publications for NSW –  Estates; Wills, Powers of Attorney, Appointment of Enduring Guardian & Advance Care Planning and Family Provision Claims.

Pursuant to s 62 Succession Act 2006 it is possible for a plaintiff who seeks provision from an estate as an eligible person under Chapter 3 to make an application for interim provision,
before – in fact while awaiting – the final hearing. Success in such applications is however very rare.

Before it can make an order for interim provision, the court must be ‘of the opinion that no less provision than that proposed in the interim order would be made in favour of the eligible person concerned in the final order’. The cases suggest this is a very high bar indeed, even for a plaintiff with dire financial need.

We invite you to explore the Family Provision section of 101 Succession Answers to find out more on this interesting topic.

NSW Traffic – Local Court – sentencing options

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The commentary in the By Lawyers Guide to Traffic Offences – Local Court (NSW) now has a more detailed treatment of the sentencing options which are available to Magistrates when dealing with traffic offences.

Included is a summary of the upcoming sentencing amendments, which are expected to commence in September 2018. This is important information for practitioners to consider when advising clients who may currently be facing court, as bonds which are entered into under the current provisions will convert to be orders under the new provisions  – and any breaches will be dealt with under the new provisions.

Conveyancing – Conveyancers’ Costs Disclosure precedents

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By Lawyers are pleased to announce the addition of Conveyancers’ Costs Disclosure precedents for NSW, VIC, NT, SA and TAS.

These precedents comply with the relevant legislation governing the costs and dispute resolution disclosure requirements for licensed conveyancers.

The Conveyancers Costs Disclosure precedents are now included in the following By Lawyers Guides:

  • Sale of real property
  • Purchase of real property
  • Mortgages
  • Leases

These are important precedents for all licensed conveyancers – if the necessary disclosure is not given before or at the time of the retainer, a client is not required to pay the conveyancer’s costs!

Traffic offences – NSW – Infringement notice offences

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The commentary in the By Lawyers NSW Traffic Offences Guide now includes a section on ‘Infringement notice offences’, dealing with the situation where a client wishes to challenge a traffic infringement notice in court.

The commentary now also includes a table of common infringement notice offences, detailing the maximum penalty and demerit points applicable for each offence, along with the section of the relevant legislation establishing the offence.

The penalty referred to in the table is the maximum penalty for an offence if convicted by a court, so the table is useful for advising the client what penalty will apply if they take the matter to court but are unsuccessful.

To assist with the comparison, there is a link to a table of common offences published by Roads & Maritime Services NSW which includes the applicable fine for each offence when not electing to have the matter heard by a court.

All penalties are stated in ‘penalty units’. For information about what a penalty unit is and how to calculate the monetary penalties, see the By Lawyers commentary ‘Calculating Penalty Units’.

NSW, SA, VIC – Cats and dogs

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In three states there have been changes to legislation dealing with companion animals.

In New South Wales, following amendments to the Companion Animals Act 1998:

  • From 1 July 2108 those convicted of animal cruelty offences are prohibited from keeping an animal and cost recovery can be ordered. The By Lawyers Neighbourhood Disputes NSW publication has been updated accordingly.
  • The Register of Companion Animals, to go live later this year, will collect and make publicly accessible more detailed information on pets and pet owners.
  • From 1 July next year (2019) annual permits will be required for restricted or dangerous dogs and also for cats that are not desexed by the age of 4 months.

In South Australia the Dog and Cat Management (Miscellaneous) Amendment Act 2016 has made microchipping of dogs and cats and the attachment of registration discs to their collars mandatory. By Lawyers Neighbourhood Disputes SA publication has been updated accordingly.

In Victoria changes introduced by the Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 have been considered and the By Lawyers Neighbourhood Disputes VIC publication updated to include the new offence of not advising a person acquiring a dangerous dog that it is dangerous.

 

Supreme Court NSW – commentary updated for new Practice Notes

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Practice Notes

The By Lawyers Supreme Court (NSW) commentaries have been updated following the introduction of new practice notes issued by the Court.

The Court’s practice notes provide practitioners with detailed guidance on how the Court manages its cases, complementing legislative and regulatory provisions. Practice notes specifically set out the steps practitioners are expected to take when conducting a matter and failure to comply can have serious consequences for the client and practitioner.

By Lawyers litigation Guides assist practitioners with all aspects of practice and procedure, with focused commentary, precedents and matter plans to guide you through the conduct of proceedings, from start to finish.

Courts and tribunals – 1 July fee increases and legislation updates

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1 July always sees legislative changes, including increases to court fees. Happy New (financial) Year!

The following are some of the important changes commencing 1 July 2018. By Lawyers publications in each state have been updated as appropriate.

LITIGATION, CRIMINAL LAW, FAMILY LAW & DECEASED ESTATES

All States

Fee increases apply in all courts and tribunals.

Injury claims – where damages for permanent impairment and/or non-economic loss are subject to statutory caps (e.g. motor accidents and workers compensation legislation) these maximum amounts have been updated.

Defamation – the maximum amount of damages for non-economic loss available under the Uniform Defamation Law is now $398,500.

VIC Supreme Court

All documents for Supreme Court Common Law, Commercial Court and Costs Court matters must now be electronically filed using the RedCrest electronic filing platform. Court users will need to register. See the Supreme Court page ‘Electronic filing and case management’ and the commentary in the By Lawyers Victorian Supreme Court Guide

 

Conveyancing – 1 July fee increases and legislative updates

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1 July always sees legislative changes, including increases to many government charges related to conveyancing and property transactions. Happy New (financial) Year!

The following are some of the more important changes commencing 1 July 2018. By Lawyers publications in each state have been updated as appropriate.

CONVEYANCING

All states 

GST withholding provisions of the Taxation Administration Act commence.

Fee increases apply to all land registry services.

NSW

Mandatory electronic lodgement of all standalone transfers and caveats applies.

QLD

Additional Foreign Acquirer duty rate increased to 7%.

TAS

First Home Owner Grant scheme extended (to 30 June 2019).

SA

Stamp duty no longer charged on transfer of non-residential or non-primary production land: “Qualifying Land”.

 

Costs agreements and client service agreements – enhancement for protection against fraud

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All By Lawyers costs agreements and client service agreements have been enhanced within the Billing and payment arrangements section now including:

 

  •  Two-factor verification protocol: a suggestion that the client always telephone to notify the firm and confirm bank account details before making any electronic transfer of funds into the firm’s trust or office accounts. With recent incidents of fraud involving interception and hacking of lawyers’ emails and the fraudulent provision of incorrect bank account details to clients, this suggestion is in line with the advice of the various state regulatory bodies and, if followed, provides protection against such criminal activities; and,

 

  • Specific provision and authority for alternate payment options, including credit card, electronic funds transfer and instalment plans, confirming that clients are required to comply not only with the terms of the law firm’s costs agreement, but also with the terms of any third party agreement for payment, such as the agreement with their bank regarding the use of a credit card. This provides protection for the law firm against credit providers seeking to recover funds paid via unauthorised transactions.

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